2019 (10) TMI 1460

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....<br>Shri Pramod Kumar, Vice President And Shri Ravish Sood, Judicial Member For the Applicant : Shri Nishant Thakkar, A.R For the Revenue : Shri Michael Jerald, D.R. ORDER PER RAVISH SOOD (JM): The present application has been filed by the assessee on 01.10.2019 seeking extension of the stay on the recovery of the outstanding demand of Rs. 71,12,41,378/- for A.Y. 2010-11. 2. As i....

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....for a period of 6 moths or till the date of order of the Tribunal, whichever was earlier. 3. It was submitted by the ld. Authorized Representative (for short 'A.R') for the assessee that no default or lapses could be attributed to the assessee, which had led to the delay in disposal of the present appeal. Apart there from, it was submitted by the ld. A.R that the captioned appeal of the assesse....

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....aterial available on record. Admittedly, pursuant to the directions of the Tribunal, vide its order dated 18.03.2016 an outstanding refund of Rs. 41,16,60,980/- that was due to the assessee for A.Y. 2007-08 was partly adjusted against the then outstanding demand (including interest) of Rs. 1,12,29,02,350/-. Resultantly, the balance outstanding demand (including interest) for the year under conside....

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....in observe, that the Hon'ble High Court of Bombay in the case of CIT Vs. Tata Tele Services (Maharashtra) Ltd., while disposing off the Writ Petition (Lodg) No.3437 of 2015, had vide its order dated 16.12.2015, held that if the delay in disposing off the appeal is not attributable to the assessee, then the stay can be extended beyond the prescribed time limit provided under the statute. At this st....